Supreme Court Weighs State Law Impact On Bivens

Law360, New York (November 1, 2011, 10:42 PM EDT) -- The U.S. Supreme Court on Tuesday weighed the impact differing state negligence laws might have on damages for constitutional rights violations under the Bivens doctrine, hearing oral arguments in a federal prisoner's abuse case against prison contractors.

Attorneys for the contractors and the U.S. Department of Justice argued that no damages were available under the court's prior ruling in Bivens v. Six Unknown Named Agents because the prisoner's claims could have been addressed through existing remedies — namely, state malpractice, tort and negligence laws — and...
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